DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Valiant Hire Pty Ltd T/A Valiant Hire
(AG2017/3325)

VALIANT HIRE ENTERPRISE AGREEMENT 2017

Amusement, events and recreation industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 29 NOVEMBER 2017

Application for approval of the Valiant Hire Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Valiant Hire Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Valiant Hire Pty Ltd T/A Valiant Hire. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Valiant Hire Pty Ltd T/A Valiant Hire. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2017. The nominal expiry date of the Agreement is 29 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Valiant Hire Pty Ltd T/A Valiant Hire applied to the Fair Work Commission for approval of the Valiant Hire Enterprise Agreement 2017. The application was contested by the Australian Workers’ Union, which raised concerns about the terms of the proposed agreement. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees covered by the agreement.

The Commission considered a number of legal issues, including whether the agreement provided for a safety net of minimum terms and conditions, whether it provided for the proper operation of the enterprise, and whether it was in the best interests of the employees. The Commission also considered the fairness of the agreement's terms and conditions, including the rates of pay, leave entitlements, and the scope of the agreement's coverage.

After considering the evidence and arguments presented by the parties, the Commission found that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The Commission was satisfied that the agreement provided for a safety net of minimum terms and conditions, and that it provided for the proper operation of the enterprise. The Commission also found that the agreement's terms and conditions were fair and reasonable, and that the coverage of the agreement was appropriate.

The Commission approved the Valiant Hire Enterprise Agreement 2017, and the agreement will now be registered with the Fair Work Commission. The application for approval of the agreement was therefore successful.

Valiant Hire Pty Ltd T/A Valiant Hire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established